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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi My brother is a spouse of Spanish national and they both

Resolved Question:

hi
My brother is a spouse of Spanish national and they both moved to UK with
their 2 kids in May last year. My brother has been granted a residence
permit for 5 years. I am on a student visa and living in UK since September
2006. Since my brother came in UK I started living with him. My student visa
was due for 5th extension in march 2011 but I applied as a dependent of EEA
national. I have provided the documents to prove my relation to my sister in
law (their marriage certificate) and to my brother (a full family birth
certificate). I have also provided a council tax letter with all our names
on it and recent receipt from my college to show that they paid fees £1500
for my studies. What are the chance of success of this application and do I
need to gather any more financial dependence evidences meanwhile the
application is being processed.
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hi

 

How old are you?

 

To what extent are you actually dependent upon them? eg. finance/care.


Tom

Customer: replied 6 years ago.
age 28 year

they are paying my day to day expences and now my tution fees and travell expence to commute between sheffield and manchester
Expert:  Thomas replied 6 years ago.

Yes, but you would be able to work if you had a job. Is this correct?

 

You have no health condition that requires them and only them to care for you. Is this correct?

Tom

Customer: replied 6 years ago.
my student visa expired on 7th march and the appliation certificate i have got from UKBA says that they can't confirm my emploment rights.

there is no health issues
Expert:  Thomas replied 6 years ago.

Right.


Spouses, children, parents/grandparents of EEA national have a right (subject to applying) to live with the EEA national in EEA member states.


Extended family is discretionary only and the key criteria is dependency. This includes financial dependency and where you are dependent upon the EEA national/spouse to care for you because your health would be prejudiced severely if they did not.


The difficult for you is that by applying for, receiving and studying under your student visa you have impliedly demonstrated a high degree of independence because you were here on your own before they came here.

 

You could work here or elsewhere if you had the necessary permission, therefore you are not financially dependent upon them.

 

You have no health conditions which require that they care for you, therefore you are not dependent upon them to care for you.


I am very sorry but I cannot see how your application will be sucessful in the current circumstances.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,


Tom

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